moving out/ how much notice

[mjc]

this is a three part question - my roommate and I want to get out of our apartment. We were on a lease up until last May. Our rent increased in December, which we're paying. We found another, cheaper apartment that's ready to move in March 1st (it's February 27th). Do we have the right to say 'we're leaving' to our landlord? get any money back from our safety deposit? bargain with her and say 'we'll pay you two weeks' so we can stay two weeks and have more time to pack? what are her rights on this one?

[mjr203]

I don't believe you have to give a month's notice if you are a "month-to-month" tenant. The law says a LL must give written 30 days notice but says NOTHING about tenants.

certainly it would be considerate to give LL some time to find another tenant but I do not think giving notice will impact your security deposit.

Landlords being landlords, they might try to withhold it but you should go through the standard protocol of completely documenting apartment condition, cleaning and photographing in case you need to drag them into small claims.

-POINTER

[jot0n0]

As Pointerout mentioned, the tenant doesn't have to give 30 days notice to LL prior to moving, but will you have enough time to clean, pack and move out in the next 36 hours? If you are still in possession of the apartment as March 1st, then LL is entitled to the March rent. If you didn't have any problem with the LL during your stay, I would suggest giving LL a courtesy notice and see if you can come to a mutual agreement with LL on paying part of March rent with the security deposit. It's a good idea not to leave a bad impression with LL which may hurt you with future rental if they ask for prior LL reference.